§ 5-64-212 - Substances in Schedule V. - Arkansas Statutes

5-64-212. Substances in Schedule V.

(a) An ephedrine combination product, pseudoephedrine, and phenylpropanolamine, as defined in 5-64-1103(g), are designated Schedule V controlled substances in addition to the drugs and other substances listed in Schedule V of the List of Controlled Substances for the State of Arkansas promulgated by the Director of the Division of Health of the Department of Health and Human Services.

(b) The Schedule V classification does not apply to:

(1) An exempt product described in 5-64-1103(b)(1);

(2) Any ephedrine or pseudoephedrine in liquid, liquid capsule, or liquid gel capsule form described in 5-64-1103(b)(2); or

(3) (A) A product that is dispensed pursuant to a valid prescription that is not restricted to five (5) refills within a six (6) month period.

(B) A product described in subdivision (b)(3)(A) of this section is regulated in the same manner as any nonscheduled prescription drug and shall be kept in a container that is supplied by the pharmacy and labeled in a manner consistent with any other prescription.

(c) The director may reschedule a product described in subdivision (b)(1) or (b)(2) of this section if it is determined that the conversion of the active ingredient in the product into methamphetamine or its salts or precursors is feasible.

(d) A wholesale distributor with exclusive rights to distribute pseudoephedrine to only licensed pharmacies is exempt from Schedule V requirements for the storage and distribution of pseudoephedrine.